Can a statutory obligation to pay compensation for damages resulting from the exercise of a pipeline company’s statutory powers create a civil cause of action?
Ontario, Canada
The following excerpt is from Canadian Alliance of Pipeline Landowners' Associations v. Enbridge Pipelines Inc., 2008 ONCA 227 (CanLII):
Since there is no nominate tort of statutory breach, a statutory obligation – in this case the obligation to pay compensation for damages resulting from the exercise of a pipeline company’s statutory powers – cannot itself give rise to a civil cause of action unless the statute which establishes the obligation expressly provides for a right of action: Canada v. Saskatchewan Wheat Pool, 1983 CanLII 21 (SCC), [1983] 1 S.C.R. 205 at 225.
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